Alabama Attorney General Luther Strange tonight filed an emergency stay request with federal Judge Ginny Granade, the same judge who struck down the ban on same-sex marriage several hours ago. From Strange’s motion:
Defendant and the State of Alabama will suffer irreparable harm if marriages are recognized on an interim basis that are ultimately determined to be inconsistent with Alabama law, resulting in confusion in the law and in the legal status of marriages. Granting a stay will not harm the Plaintiffs, but would only maintain the status quowhile these issues are considered by the appellate courts. Finally, a stay will serve the publicinterest by avoiding the confusion and inconsistency that will result from an on-again, off-again enforcement of marriage laws.
Should Granade deny his request, Strange will have to take his stay request to the Eleventh Circuit Court, which last month denied the same request from Florida.